Haw. Code R. § 17-601-3.01 - Restrictions against disclosure of information relating to HIV/AIDS

(a) This section does not apply to individuals receiving social services under chapter 17-920.1.

(b) In accordance with section 325-101, HRS, all records including all communication, or specific medical or epidemiological information contained therein, which identify any individual who has or has been tested for HIV/AIDS, shall be released:

(1) Only with the prior written consent of the person or persons to whom the records pertain:

(A) When individuals or agencies other than applicants, recipients, or legal guardians of applicants or recipients wish to obtain information, or to review a DHS-BESSD record, the requesting party shall submit an authorization, signed and dated by the applicant, recipient, or legal guardian of the applicant or recipient specifying:

(i) The name of the individual or agency authorized to receive the information or to review the record, and the individual's agency connection, if any;

(ii) The specific information the DHS-BESSD is authorized to release and the purpose for which the information is being sought;

(iii) The applicant or recipient's social security number or birth date, and address; and

(iv) The expiration date, or expiration event that relates to the applicant or recipient or the purpose of the authorization, and also specifying that if no expiration date or expiration event is specified the authorization shall expire one year from the date the authorization is signed;

(B) Reproduced copies of information requested shall be provided at a cost related to the cost of reproduction. When the information is required for the purpose of presenting the applicant's or recipient's fair hearing appeal, there shall be no charge. In either case, actual postage cost shall be charged.

(2) Pursuant to a court order, after an in camera review of the records, upon a showing of good cause by the party seeking the release of records.

Notes

Haw. Code R. § 17-601-3.01

[Eff 8/1/94; am and comp 7/18/05] (Auth: HRS § 325-101) (Imp: HRS § 325-101)